IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 3159 of 2009()
1. C.V.JANU, W/O.A.K.GOPALAN, AGED 57
... Petitioner
Vs
1. V.P.ABOOBACKER HAJI, S/O.HUSSAIN HAJI,
... Respondent
2. THE NEW INDIA ASSURANCE CO.LTD.,
For Petitioner :SMT.K.V.RESHMI
For Respondent :SRI.M.RAJAGOPALAN
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :05/04/2010
O R D E R
M.N. KRISHNAN, J.
...........................................
M.A.C.A.No.3159 OF 2009
.............................................
Dated this the 5th day of April, 2010.
J U D G M E N T
This appeal is preferred against the award of the
Claims Tribunal, Kozhikode in OP(MV)No.2124/1999. A 47
year old Nursing Assistant sustained injuries in a road
accident and the tribunal has awarded her a compensation
of Rs.19,550/=. It is against that decision, the claimant has
come up in appeal for enhancement.
2. Heard the learned counsel for both sides. A perusal
of the award would reveal that she had sustained a dento
alveolar fracture, two teeth were extracted and four teeth
were damaged in the accident. It is noted that she had
sustained a degloving injury and fracture of teeth. It is also
seen from the records that those teeth were fixed by arch
bar fixation and the two teeth which were lost were
replaced with artificial denture.
3. On going through the award I find that following
enhancement can be given. Towards loss of two teeth, the
tribunal has awarded Rs.5,000/= which I enhance by
: 2 :
M.A.C.A.No.3159 OF 2009
Rs.2,000/=. Certainly on account of the dento alveolar
fracture coupled with displacement of teeth and loss of
teeth, there would have been severe pain and sufferings for
a considerable number of days especially being an injury
which had affected the face. Therefore, I grant Rs.3,000/=
more towards pain and sufferings. Similarly there would
have been difficulty for the lady to come back to the normal
stage and even to take food properly. So towards loss of
amenities and enjoyment in life, I award Rs.2,000/= more.
Being a case where six teeth were affected with fracture,
she would not have been in a position to take solid food for
a considerable number of days and therefore I award
Rs.1,000/= more towards extra nourishment thereby entitling
the claimant to have an additional compensation of
Rs.8,000/=.
4. In the result, the MACA is partly allowed and the
claimant is awarded an additional compensation of Rs.8,000/=
with 7% interest from the date of petition till realisation and
the respondent insurance company is directed to deposit the
said amount within a period of 60 days from the date of
: 3 :
M.A.C.A.No.3159 OF 2009
receipt of a copy of this judgment.
Disposed of accordingly.
M.N. KRISHNAN, JUDGE
cl
: 4 :
M.A.C.A.No.3159 OF 2009